Understanding Medical Malpractice Damage Caps in Georgia

When the Georgia Legislature enacted the Tort Reform Act of 2005, the broad package placed a $350,000 cap on noneconomic damages in medical malpractice claims. In Atlanta Oculoplastic Surgery, PC v. Nestlehutt, 286 Ga. 731, 733(2) (691 S.E.2d 218) (2010), the Supreme Court of Georgia concluded on that the noneconomic damages cap violated the right to a jury trial guaranteed under the Georgia Constitution.

Other damage caps do still apply to medical malpractice cases. Georgia Code § 51-12-5.1 establishes a cap of $250,000 on punitive damages in medical malpractice cases, although there are exceptions in cases involving particularly egregious negligence or intentional malice.

If you suffered severe injuries or your loved one was killed as the result of medical malpractice in Georgia, it is in your best interest to seek legal representation as soon as possible. The Nye Law Group represents clients all over Georgia. Call 855-636-9277 to have our firm provide a complete evaluation of your case during a free consultation.

Medical Malpractice Laws in Georgia

Georgia Code § 51-1-27 establishes the expected exercise of “reasonable degree of care and skill” by any person professing to practice surgery or the administering of medicine for compensation in Georgia. The statute provides a course of action for any injury resulting from a want of such care. Medical malpractice actions need to be filed within two years of the dates on which injuries or deaths arising from negligent or wrongful acts or omissions occurred, but this limit can be extended up to five years when an injury was not immediately evident. Under Georgia Code § 9-11-9.1, plaintiffs in medical malpractice actions are also required to file affidavits of experts competent to testify. The affidavit must specifically identify at least one negligent act, or omission claimed to exist and the factual basis for each such claim.

The complaints in any action must allege professional malpractice against a professional licensed by the State of Georgia, a domestic or foreign business entity, or any licensed health care facility. Some of the most common kinds of medical malpractice claims include, but are not limited to drug recalls, misdiagnosis, anesthesia errors, failure to diagnose, birth injuries, and lack of informed consent.

Find a Medical Malpractice Attorney in Georgia

Did you suffer serious injuries or was your loved one killed as a result of medical malpractice in Georgia? You will want to contact the Nye Law Group as soon as possible.

Try not to speak to any insurance company about your case until you have legal representation. Insurers know victims can be talked into accepting settlements that are much less than what they are entitled to because people will be tempted to believe they are gaining more by not paying a lawyer.

In truth, an attorney will be able to get you compensation for all of your past, present, and future needs. Furthermore, the Nye Law Group represents clients on a contingency fee basis, which means you pay our firm nothing unless you receive a monetary award. Call 855-636-9277 or contact us online to schedule a free consultation.